Terms of service

General Terms and Conditions Thuiswinkel

Table of Contents:

Article 1 – Definitions

Article 2 – Identity of the entrepreneur

Article 3 – Applicability

Article 4 – The offer

Article 5 – The agreement

Article 6 – Right of withdrawal

Article 7 – Obligations of the consumer during the reflection period

Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof

Article 9 – Obligations of the entrepreneur in case of withdrawal

Article 10 – Exclusion of the right of withdrawal

Article 11 – The price

Article 12 – Performance of the agreement and additional warranty

Article 13 – Delivery and execution

Article 14 – Duration transactions: duration, termination and renewal

Article 15 – Payment

Article 16 – Complaints procedure

Article 17 – Disputes

Article 18 – Industry guarantee

Article 19 – Additional or deviating provisions

Article 20 – Amendment of the Thuiswinkel General Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance agreement and these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an arrangement between that third party and the entrepreneur;
Reflection period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or professional activity;
Day: calendar day;
Digital content: data produced and supplied in digital form;
Duration agreement: an agreement aimed at the regular supply of goods, services and/or digital content over a certain period;
Durable data carrier: any tool – including email – that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation or use for a period aligned with the purpose for which the information is intended, and which allows unchanged reproduction of the stored information;
Right of withdrawal: the option for the consumer to withdraw from the distance agreement within the reflection period;
Entrepreneur: the natural or legal person who is a member of Thuiswinkel.org and offers products, (access to) digital content and/or services to consumers at a distance;
Distance agreement: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, whereby exclusive or joint use is made of one or more techniques for distance communication up to and including the conclusion of the agreement;
Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions. Annex I does not need to be made available if the consumer does not have a right of withdrawal regarding his order;
Technique for distance communication: means that can be used for concluding an agreement without the consumer and entrepreneur having to meet simultaneously in the same place.

Article 2 – Identity of the entrepreneur

Name of the entrepreneur: Dexxon Data Media and Storage B.V.

Operating under the name(s):

Philips Media

Registered address:
Curieweg 15, 2408 BZ, Alphen aan den Rijn
The Netherlands

Telephone number: +31172636666

Availability:
Monday to Friday from 08:30 to 17:30

Email address: info@philips-media.com

Chamber of Commerce number: 29031645

VAT number: NL007533536B01

If the entrepreneur’s activity is subject to a relevant licensing system: the details of the supervisory authority.

If the entrepreneur practices a regulated profession:

the professional association or organization to which he is affiliated;
the professional title, the place in the EU or the European Economic Area where it was granted;
a reference to the professional rules applicable in the Netherlands and indications of where and how these professional rules are accessible.

Article 3 – Applicability

These general terms and conditions apply to every offer of the entrepreneur and to every distance agreement concluded between the entrepreneur and the consumer.
Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the distance agreement is concluded, how the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge to the consumer as soon as possible upon request.
If the distance agreement is concluded electronically, then, contrary to the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise upon request.
In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply accordingly and the consumer may always rely on the applicable provision that is most favorable to him in the event of conflicting conditions.

Article 4 – The offer

If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 – The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the conditions set therein.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur may, within legal frameworks, investigate whether the consumer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance agreement. If the entrepreneur has good grounds not to conclude the agreement based on this investigation, he is entitled to refuse an order or request or to attach special conditions to the execution.
The entrepreneur will, at the latest upon delivery of the product, service or digital content to the consumer, provide the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
the visiting address of the entrepreneur’s establishment where the consumer can lodge complaints;
the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information about guarantees and existing after-sales service;
the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or execution of the distance agreement;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
if the consumer has a right of withdrawal, the model withdrawal form.
In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of withdrawal

For products:

The consumer may dissolve an agreement regarding the purchase of a product during a reflection period of at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige him to state his reason(s).
The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance who is not the carrier, has received the product, or:
if the consumer has ordered multiple products in one order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may refuse an order of multiple products with different delivery times, provided he has clearly informed the consumer of this prior to the ordering process.
if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;

in the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

For services and digital content not supplied on a tangible medium:

The consumer may dissolve a service agreement and an agreement for the supply of digital content not supplied on a tangible medium for at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige him to state his reason(s).
The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

Extended reflection period for products, services and digital content not supplied on a tangible medium if information about the right of withdrawal is not provided:

If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period expires twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
If the entrepreneur has provided the information referred to in the previous paragraph to the consumer within twelve months after the start date of the original reflection period, the reflection period expires 14 days after the day on which the consumer received that information.

Article 7 – Obligations of the consumer during the reflection period

During the reflection period, the consumer shall handle the product and packaging with care. He shall only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The guiding principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
The consumer is only liable for any diminished value of the product resulting from handling the product in a way that goes beyond what is permitted in paragraph 1.
The consumer is not liable for any diminished value of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof

If the consumer exercises his right of withdrawal, he shall notify the entrepreneur within the reflection period by means of the model withdrawal form or in another unambiguous manner.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) the entrepreneur. This is not required if the entrepreneur has offered to collect the product himself. The consumer has observed the return period if he returns the product before the reflection period has expired.
The consumer shall return the product with all supplied accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
The consumer shall bear the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the return costs.
If the consumer withdraws after having first explicitly requested that the performance of the service or the supply of gas, water or electricity not made ready for sale in a limited volume or quantity begins during the reflection period, the consumer shall owe the entrepreneur an amount proportional to that part of the obligation that has been fulfilled by the entrepreneur at the time of withdrawal, compared to the full performance of the obligation.
The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in the event of withdrawal or the model withdrawal form; or
the consumer has not explicitly requested the commencement of the performance of the service or the supply of gas, water, electricity or district heating during the reflection period.
The consumer shall not bear any costs for the full or partial supply of digital content not supplied on a tangible medium, if:
he has not explicitly agreed in advance to the commencement of the performance of the agreement before the end of the reflection period;
he has not acknowledged that he loses his right of withdrawal when giving his consent; or
the entrepreneur has failed to confirm this statement of the consumer.
If the consumer exercises his right of withdrawal, all additional agreements shall be dissolved by operation of law.

Article 9 – Obligations of the entrepreneur in case of withdrawal

If the entrepreneur makes it possible for the consumer to notify withdrawal electronically, he shall send an acknowledgment of receipt without delay after receiving this notification.
The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to reimburse until he has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.
The entrepreneur shall use the same payment method that the consumer used, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 10 – Exclusion of the right of withdrawal

The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement:

Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period.
Agreements concluded during a public auction. A public auction is understood to mean a sales method whereby products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or given the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
Service agreements, after full performance of the service, but only if:
the performance has begun with the consumer’s explicit prior consent; and
the consumer has declared that he loses his right of withdrawal once the entrepreneur has fully performed the agreement;
Package travel as referred to in Article 7:500 of the Dutch Civil Code and passenger transport agreements;
Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, transport of goods, car rental services and catering;
Agreements relating to leisure activities, if the agreement provides for a specific date or period of performance;
Products manufactured according to the consumer’s specifications, which are not prefabricated and which are made on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
Sealed products which are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
Products which, after delivery, are by their nature irreversibly mixed with other products;
Alcoholic beverages whose price has been agreed upon at the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence;
Sealed audio, video recordings and computer software, whose seal has been broken after delivery;
Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
The supply of digital content other than on a tangible medium, but only if:
the performance has begun with the consumer’s explicit prior consent; and
the consumer has declared that he thereby loses his right of withdrawal.

Article 11 – The price

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependency on fluctuations and the fact that any prices mentioned are indicative prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
they are the result of statutory regulations or provisions; or
the consumer has the authority to terminate the agreement as of the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.

Article 12 – Performance of the agreement and additional warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations existing on the date of conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
An additional warranty provided by the entrepreneur, its supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill his part of the agreement.
An additional warranty is understood to mean any commitment of the entrepreneur, its supplier, importer or producer in which it grants the consumer certain rights or claims that go beyond what it is legally obliged to do in the event that it has failed to fulfill its part of the agreement.

Article 13 – Delivery and execution

The entrepreneur shall exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
The place of delivery shall be the address that the consumer has made known to the entrepreneur.
With due observance of what is stated in Article 4 of these general terms and conditions, the entrepreneur shall execute accepted orders with due speed but at the latest within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer shall be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge and is entitled to any compensation.
After dissolution in accordance with the previous paragraph, the entrepreneur shall immediately refund the amount paid by the consumer.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.

Article 14 – Duration transactions: duration, termination and renewal

Termination:

The consumer may terminate an agreement concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement concluded for a definite period and which extends to the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements mentioned in the previous paragraphs:

at any time and not be limited to termination at a specific time or during a specific period;
at least terminate them in the same manner as they were concluded by him;
always terminate them with the same notice period as the entrepreneur has stipulated for himself.

Renewal:

An agreement concluded for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.
Contrary to the previous paragraph, an agreement concluded for a definite period and which extends to the regular delivery of daily newspapers, news and weekly papers and magazines may be tacitly renewed for a fixed period of up to three months, if the consumer can terminate this extended agreement at the end of the renewal with a notice period of no more than one month.
An agreement concluded for a definite period and which extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month. The notice period is no more than three months if the agreement extends to the regular, but less than once a month, delivery of daily newspapers, news and weekly papers and magazines.
An agreement with a limited duration for the regular delivery of daily newspapers, news and weekly papers and magazines by way of introduction (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration:

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 15 – Payment

Unless otherwise provided in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period commences on the day after the consumer has received confirmation of the agreement.
In the sale of products to consumers, the consumer may never be obliged in general terms and conditions to make an advance payment of more than 50%. When advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
The consumer has the obligation to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.
If the consumer does not fulfill his payment obligation(s) in time, he shall, after being notified by the entrepreneur of the late payment and after the entrepreneur has granted the consumer a period of 14 days, starting on the day after receipt of the reminder, to still fulfill his payment obligations, after failure to pay within this 14-day period, owe the statutory interest on the outstanding amount and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500; and 5% on the next € 5,000, with a minimum of € 40. The entrepreneur may deviate from the stated amounts and percentages in favor of the consumer.

Article 16 – Complaints procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects, fully and clearly described.
Complaints submitted to the entrepreneur will be answered within a period of 14 days calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
A complaint about a product, service or the entrepreneur’s service can also be submitted via a complaint form on the consumer page of the Thuiswinkel.org website thuiswinkel.org. The complaint will then be sent to both the relevant entrepreneur and Thuiswinkel.org.
The consumer must give the entrepreneur at least 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute resolution procedure.

Article 17 – Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. If the entrepreneur directs his activities to the country where the consumer resides, the consumer may also always rely on the mandatory consumer law of his country.
Disputes between the consumer and the entrepreneur regarding the conclusion or execution of agreements relating to products and services to be supplied or supplied by this entrepreneur may, with due observance of the provisions below, be submitted by both the consumer and the entrepreneur to the Thuiswinkel Disputes Committee, P.O. Box 90600, 2509 LP The Hague (sgc.nl).
A dispute will only be handled by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
If the complaint does not lead to a solution, the dispute must be submitted to the Disputes Committee in writing or in another form determined by the Committee no later than 12 months after the date on which the consumer submitted the complaint to the entrepreneur.
If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. Preferably, the consumer first reports this to the entrepreneur.
If the entrepreneur wishes to submit a dispute to the Disputes Committee, the consumer must, within five weeks after a written request from the entrepreneur, state in writing whether he also wishes this or whether he wants the dispute to be handled by the competent court. If the entrepreneur does not hear the consumer’s choice within the five-week period, the entrepreneur is entitled to submit the dispute to the competent court.
The Disputes Committee will make a decision under the conditions as laid down in the regulations of the Disputes Committee (degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel). The decisions of the Disputes Committee are made by way of binding advice.
The Disputes Committee will not handle a dispute or will cease handling it if the entrepreneur has been granted suspension of payments, has gone bankrupt or has effectively ceased its business activities before a dispute has been handled at the hearing and a final decision has been issued.
If, in addition to the Thuiswinkel Disputes Committee, another recognized disputes committee affiliated with the Foundation for Consumer Disputes Committees (SGC) or the Financial Services Complaints Institute (Kifid) is competent, the Thuiswinkel Disputes Committee shall preferably be competent for disputes mainly concerning the method of distance selling or service provision. For all other disputes, the other recognized disputes committee affiliated with SGC or Kifid.

Article 18 – Industry guarantee

Thuiswinkel.org guarantees compliance by its members with the binding advice of the Thuiswinkel Disputes Committee, unless the member decides to submit the binding advice to the court for review within two months after it has been sent. This guarantee revives if the binding advice has been upheld after review by the court and the judgment confirming this has become final. Up to a maximum amount of € 10,000 per binding advice, this amount will be paid to the consumer by Thuiswinkel.org. For amounts greater than € 10,000 per binding advice, € 10,000 will be paid. For the excess, Thuiswinkel.org has an obligation of effort to ensure that the member complies with the binding advice.
Application of this guarantee requires that the consumer submits a written appeal to Thuiswinkel.org and that he assigns his claim against the entrepreneur to Thuiswinkel.org. If the claim against the entrepreneur exceeds € 10,000, the consumer will be offered to transfer his claim insofar as it exceeds the amount of € 10,000 to Thuiswinkel.org, after which this organization will, in its own name and at its own expense, seek payment thereof in court for the benefit of the consumer.

Article 19 – Additional or deviating provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

Article 20 – Amendment of the Thuiswinkel General Terms and Conditions

Amendments to these terms and conditions shall only take effect after they have been published in an appropriate manner, with the understanding that in the event of applicable amendments during the term of an offer, the provision most favorable to the consumer shall prevail.

Thuiswinkel.org

www.thuiswinkel.org

Horaplantsoen 20, 6717 LT Ede

P.O. Box 7001, 6710 CB Ede

Annex I: Model withdrawal form

Model withdrawal form

(complete and return this form only if you wish to withdraw from the agreement)

To: [name of entrepreneur]
[geographical address of entrepreneur]
[fax number of entrepreneur, if available]
[email address or electronic address of entrepreneur]

I/We* hereby inform you that I/we* withdraw from our agreement regarding

the sale of the following products: [designation of product]*

the supply of the following digital content: [designation of digital content]*

the provision of the following service: [designation of service]*,

withdraw/withdraw*

Ordered on*/received on* [date of order in case of services or receipt in case of products]
[Name(s) of consumer(s)]
[Address of consumer(s)]
[Signature of consumer(s)] (only when this form is submitted on paper)
[Date]

* Delete as appropriate or fill in as applicable.